An injury is more than a minor inconvenience. It can cause you to feel sick or inability to care for yourself. An injury that is severe can cause thousands of dollars in medical bills and lost wages. It can also lead to intangible losses such as pain, suffering, and depression.
Whibbs, Stone Barnett, P.A. knows that accidents don’t always happen in a minor way. We want to help you get the compensation you deserve if you have been hurt by someone else’s actions.
Pensacola is known for its notorious roads. If you are injured on the rt90 or interstate 110 or at work at one of the many manufacturing facilities such as Armstrong or Pollock Industries you will need an experienced attorney. Our lawyers have assisted clients in many different cases. Our attorneys have extensive experience representing clients who have been injured in any of the following types of accidents. However, we are also able to offer competent representation to all injury victims.
If you do not see the type of accident you were involved in, you can still contact our law firm. We can help you determine if our law firm is able to provide the legal assistance that you require.
- Motor vehicle accidents. Motor vehicle accidents in Florida are the leading cause of injury.
- Medical malpractice. Medical malpractice is when a doctor or another healthcare provider fails to provide the care you need, causing injury.
- Slip and fall accidents. If a dangerous condition exists on the property and leads to slip and fall accidents, the owner of the property can be held responsible if they were aware of it and did not remedy it within a reasonable time.
- Dog bites. Dog attacks can be very frightening and can cause psychological and physical injuries. Florida is a strict liability state for dog bites. This means that the dog owner can be held responsible for any injuries sustained as long as they were not trespassing.
- Nursing home abuse and neglect. Although we would love to believe that all elderly people are receiving the proper care, this is not always true. We can help you and your family get compensation for your losses.
We also represent people who have suffered severe injuries such as burns, traumatic brain injuries, spinal cord injuries, or amputation injuries. These injuries can be sustained in any of the above accident types or during a pedestrian, bike accident, work accident, or sports accident.
You can hold the responsible party liable for your harm
You can sue another person if you are injured as a result of their actions. Personal injury claims are based on negligence. This is when a person fails to exercise the same level of care as another reasonable person in the same circumstance. If the negligent act of the at-fault party was the direct cause of your accident or injuries, they can be held liable.
Defendant Owed you a Duty and Breached It
You must first prove that the defendant was legally obligated to act in a certain manner towards you. Next, you will need to show that the defendant violated the duty by taking action or not taking care. These are all examples of duty violations: driving drunk, speeding, and providing inadequate security.
You may have trouble winning a Pensacola personal injury lawsuit if you can’t prove the defendant owed you care or violated the duty.
The Proving of Causation
After you have proven the first two elements, it is necessary to prove that your injuries wouldn’t have occurred if the defendant didn’t act or behaved differently. You would not have been hurt if a driver didn’t stop at a red light or a doctor didn’t prescribe the wrong medication.
You must also prove the realness of your claim. You must provide medical documentation supporting your claim if you claim that a car accident caused you to have a chronic back injury. Expert testimony is almost always used by the firm to prove medical causation in negligence cases.
If you sustain $10,000 in damages, it is possible to see that you were distracted at the time by your phone. Therefore, you are 15% responsible for the accident. Your damages would be reduced by 15% and you would receive $8,500 from your at-fault party.
Limitations on the filing of a personal injury claim
Another important law to know if you are hurt by negligence in Florida is the statute of limitations. This law governs how long you can bring a suit after an accident. According to Florida Statutes Section 95.1, the statute of limitations runs for four years from when your injury occurred. You will lose your right to compensation if you don’t file your case within the four-year deadline.
Exceptions from Florida’s Four Year Personal Injury Statute of Limitations
While the statute of limitations for personal injury cases in Florida is four years, there are notable exceptions.
Individuals Legally Incapable
Because they are legally incapable, minors have extra time to file personal injury lawsuits. However, the extended deadline cannot be extended. The standard deadline of four years is no longer applicable to minors. They have seven years from their injury date or until the applicable statute expires for their case, whichever is shorter. Individuals who were legally incapacitated, such as mentally ill, at the time the injury occurred, have the same deadlines.
In an effort to “run out the clock”, the defendant may try to delay a claim in a variety of ways. One example is to leave Florida after an underlying injury has occurred and before a lawsuit can be filed. Another example is to use a false name or hide out in order not “served”. In these cases, the statute may be extended.
Call Our Florida Personal Injury Lawyers Today
It can seem difficult to bring forth a personal injury lawsuit or claim, especially if your injuries are severe. We also know that filing a lawsuit may be the best way to hold the at-fault party accountable for the harm you have sustained and to obtain the financial assistance necessary to cover your medical bills and to provide for your family. For more information, contact our Florida injury team by sending us an email or calling 1-888-219-4561. All personal injury cases are eligible for free consultations.